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Planning Advisory Service (PAS)
Open group | Started - July 2012 | Last activity - Today

Zero Liability Notices

Former Member, modified 11 Years ago.

Zero Liability Notices

Do any authorities that are already operating CIL issue Liability Notices where the liability is zero i.e. where the development proposed is of a type which is zero rated in the Charging Schedule. In the case of residential development which is all affordable and therefore 100% relief is granted I am happy that it would be correct to issue a liability notice with a £0 figure. Any thoughts?
Former Member, modified 11 Years ago.

Re: Zero Liability Notices

Tony, In shropshire we only issue NIL liability notices where an applicaton is liable but as a result of deductible floorspace there is a NIL charge, we do not tend to issue liability notices where an application is clearly not liable for CIL. However, if we receive a completed CIL Form 0 for a marginal scheme - borderline liable and it is then determined that it is not liable we will issue notification that the application is not liable for CIL. We would also take this approach with a scheme that is only affordable housing, once we receive confirmation from the case officer that the legal agreement has been completed. As we only charge CIL on residential development, developers in the main understand which applications are and are not potentially CIL liable, therefore it would not seem an efficient use of resource to produce a liability notice for an application for retail or commercial development (for instance).